There is hereby adopted the Code of Ordinances of the City of Murphy, Texas, as compiled, edited and published by Franklin Legal Publishing, Inc.
(Ordinance adopting 2015 Code)
The ordinances embraced in this and the following chapters and sections shall constitute and be designated “The Murphy City Code” and may be so cited.
(1993 Code, sec. 10.01; 2006 Code, sec. 1-1)
(a) 
Definitions and rules of construction.
Unless otherwise provided herein, or by law or implication required, the same rules of construction, definitions, and application shall govern the interpretation of this code as those governing the interpretation of state law. Words and phrases shall be taken in their plain or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
City, municipal corporation, municipality.
The terms “city,” “municipal corporation” and “municipality” mean the City of Murphy, Texas.
Code or this code.
The term “code” or “this code” means this city code as modified by amendment, revision, and adoption of new chapters or sections, unless within the context used it refers to a technical code.
County.
The term “county” means Collin County, Texas.
May.
The term “may” means the act referred to is permissive.
Month.
The term “month” means a calendar month.
Oath.
The term “oath” means an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
Officer, office, employee, commission, or department.
The terms “officer,” “office,” “employee,” “commission,” and “department” mean an officer, office, employee, commission, or department of this city unless the context clearly requires otherwise.
Person.
The term “person” means and extends to and includes person, persons, firm, corporation, co-partnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the term “person” or “whoever” as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
Preceding or following.
The term “preceding” or “following” means next before or next after, respectively.
Shall.
The term “shall” means the act referred to is mandatory.
Signature or subscription.
The term “signature” or “subscription” means a mark when the person cannot write.
State.
The term “state” means the State of Texas.
Written.
The term “written” means any representation of words, letters, or figures, whether by printing or otherwise.
Year.
The term “year” means a calendar year, unless otherwise expressed; equivalent to the words “year of our Lord.”
(b) 
Rules of interpretation.
The construction of all ordinances of this city shall be by the following rules, unless such construction is plainly repugnant to the intent of the city council or of the context of the same ordinance:
(1) 
And; or.
Either conjunction shall include the other as if written “and/or,” if the sense requires it.
(2) 
Acts by assistants.
When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy.
(3) 
Gender; singular and plural; tenses.
Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
(4) 
General term.
A general term following a specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
(1993 Code, secs. 10.02, 10.05, 10.06; 2006 Code, secs. 1-2, 1-5)
All provisions of this article compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
(1993 Code, sec. 10.03; 2006 Code, sec. 1-3)
Headings and captions used in this code other than the chapter, article, division and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
(1993 Code, sec. 10.04; 2006 Code, sec. 1-4)
If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
(1993 Code, sec. 10.07; 2006 Code, sec. 1-6)
(a) 
Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.
(b) 
No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(c) 
When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
(1993 Code, sec. 10.16; 2006 Code, sec. 1-15)
(a) 
All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter enacted or presented to the city council for enactment shall be drafted, so far as possible, as specified amendments of, or additions to, “The Murphy City Code” and when done shall be made by reference to the section of the code which is to be amended, and additions shall bear an appropriate designation of chapter and section.
(b) 
Sections 24.01.001, 24.01.002, 24.03.051, 24.03.101, 24.03.151, 24.03.201, 24.03.251, 24.03.301, 24.03.351 and 8.02.001 shall reference such other separate volume or volumes which by such reference shall be made a part of this code the same as if said separate volume or volumes were set out herein verbatim.
(1993 Code, sec. 10.17; 2006 Code, sec. 1-16)
Whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in this code or an ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, and the rule, ordinance or police regulation governs fire safety, zoning, public health and sanitation, other than vegetation and litter violations, the violation of any such provision of this code or any such ordinance shall be punished by a fine not exceeding $2,000.00; in the event the rule, ordinance or police regulation pertains to vegetation and litter violations or other violations in which no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance shall be punished by a fine not exceeding $500.00; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense.
(1993 Code, sec. 10.99; 2006 Code, sec. 1-19; Ordinance 276 adopted 10/15/87)
(a) 
In any prosecution filed under a provision of this code or any ordinance of the city which expressly requires proof that the actor engaged in conduct intentionally, knowingly, recklessly, or with criminal negligence, then a person does not commit an offense unless he is shown to have engaged in such conduct as the definition of the offense requires.
(b) 
Whenever in this code or in any ordinance of the municipality an act or a failure to act is prohibited, or is made or declared to be unlawful, or an offense, or a misdemeanor, and such provision does not expressly require proof of a culpable mental state, proof of a culpable mental state is not required for conviction of such offense, it being the intent of the city to dispense with the requirement of any culpable mental state in prosecutions filed under such provisions of this code and other ordinances of the city; provided, however, that if such offense is punishable by a fine exceeding the amount authorized by V.T.C.A., Penal Code sec. 12.23, a person does not commit such offense unless he is shown to have recklessly engaged in such conduct as the definition of the offense requires.
(c) 
Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.
(1993 Code, sec. 10.19; 2006 Code, sec. 1-18)
Whenever in one section reference is made to another section of this code, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
(1993 Code, sec. 10.08; 2006 Code, sec. 1-7)
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this city exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
(1993 Code, sec. 10.09; 2006 Code, sec. 1-8)
If a manifest error is discovered, consisting of the misspelling of any words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached, or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
(1993 Code, sec. 10.10; 2006 Code, sec. 1-9)
The official time, as established by applicable state/federal laws, shall be the official time within this city for the transaction of all municipal business.
(1993 Code, sec. 10.11; 2006 Code, sec. 1-10)
(a) 
In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.
(b) 
The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day is Sunday, it shall be excluded.
(1993 Code, sec. 10.12; 2006 Code, sec. 1-11)
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.
(1993 Code, sec. 10.13; 2006 Code, sec. 1-12)
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
(1993 Code, sec. 10.14; 2006 Code, sec. 1-13)
All ordinances passed by the city council requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided.
(1993 Code, sec. 10.15; 2006 Code, sec. 1-14)
(a) 
History notes.
As histories for the code sections, the specific number and passage date of the original ordinance, and the amending ordinances, if any, are listed following the text of the code section. Example:
(b) 
Statutory citations.
If a statutory cite is set forth as a “State law reference” following the text of the section, this indicates that the reader should refer to that statute for further information.
Example:
Sec. 18.02.006 Exemption of tangible personal property in transit
The goods-in-transit, as defined in Texas Tax Code section 11.253(a)(2), as amended by Senate Bill 1, enacted by the 82nd Texas Legislature in special session, shall not be subject to taxation by the city.
(Ordinance 10 adopted 5/13/60; Ordinance 15 adopted 1/1/70; Ordinance 20 adopted 1/1/80; Ordinance 25 adopted 1/1/85; 1993 Code, sec. 10.18; 2006 Code, sec. 1-17; Ordinance 11-12-901 adopted 12/6/11)